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Board approves sale of old Spalding County Courthouse with permanent preservation restriction
Summary
After an executive session, the Spalding County Board of Commissioners approved a contract transferring the old Spalding County Courthouse to the city/downtown development authority. The deed will include a restriction obligating the purchaser to preserve the historic structure; price was reduced by $100,000 as consideration for preservation.
After a closed executive session, the Spalding County Board of Commissioners voted Oct. 20 to approve an agreement for the sale of the old Spalding County Courthouse to the downtown development authority (purchaser) and the city, subject to a deed restriction that requires preservation of the historic building.
County Attorney Stephanie Windham summarized the contract provision the board read into the record as “Special Stipulation Number 15.” Under that stipulation, the purchaser agreed to maintain the courthouse as a historic structure and the county reduced the sale price by $100,000 as part of the consideration to ensure the building would not be voluntarily demolished except for structural necessity or destruction by an act of God. The restriction will be recorded on the deed and is intended to run with the land in perpetuity.
Windham told commissioners the courthouse is listed on the National Register of Historic Places and that Spalding County could not find a recorded deed of fee simple conveyance in county records; she described the conveyance history as likely originating via county resolution when the county was formed. The contract had been executed by the downtown development authority prior to the county vote.
The motion to approve the agreement passed by a 4–0 vote. Commissioners said the special deed restriction was written specifically to preserve the historical value of the structure while allowing the city to use the downtown parcel for economic development.
Ending: The county will record the deed restriction as part of the closing and proceed with the conveyance as negotiated; no demolition is permitted without written permission from the seller except in specified emergency conditions.
